Court: School officials can ask for evidence of home schooling

An El Paso couple who sued the El Paso Independent School District over home schooling has to follow state education regulations, and school officials can ask for evidence that children are being educated, a state appeals court has ruled.

The 8th Court of Appeals ruled earlier this month that Laura and Michael McIntyre and other parents who home school children do not have an absolute constitutional right to home school and must abide by state education requirements.

Chief Justice Ann Crawford McClure wrote in the Aug. 6 opinion that a district attendance officers can ask parents to provide evidence that shows their children are being taught, and can ensure that all students are either enrolled in school or are in a "bona fide home school" when there is credible suspicion.

"No parents have ever prevailed in any reported case on a theory that they have an absolute constitutional right to educate their children in the home, completely free of any state supervision, regulation, or requirements." McClure wrote.

Laura McIntyre who took part in the Stand Up for Religious Freedom movement in 2012, is a pro-life activist in El Paso. She and her husband were also part of 2012 El Pasoans for Traditional Family Values campaign to recall former El Paso Mayor John Cook, and former representatives Susie Byrd and Steve Ortega. The McIntyre's contributed $1,000 to the campaign.

The McIntyres did not return calls for comment.

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Mark Mendoza, the director of the ALPHA initiative for the El Paso Independent School District who was also sued by Laura and Michael McIntyre, said the ruling does not mean the school district will interfere with a parent's right to educate children. In addition, proof, sought by an attendance officer, would not rely on standardized tests.

"The most important thing is the fact that this really clarifies the role that the school district plays when it is suspected that home school may not be happening," Mendoza said. "In no way do we want to question the right of the parent to home school their children. It is only when we receive an allegation that this decision clearly underscores the responsibility of the school district and the attendance officer's right to be able to verify that the student is being taught."

The Texas Home School Coalition Association advises parents to send a letter of assurance to the district, stating that the child is in fact being home schooled. The coalition recommends against filling out or providing additional forms or information to the district truancy officer.

In the fall of 2004, the McIntyres withdrew their nine children from a private school and began home schooling inside a motorcycle dealership, according to the ruling.

The ruling said that the children's uncle, Tracy McIntyre, noticed that while at the dealership the children were never "pursuing traditional schoolwork." Tracy McIntyre testified that, "While the children would sing or play instruments, he never saw them reading books or doing arithmetic, nor did he observe any computers or school equipment."

The ruling also said that, "Tracy overheard one of the McIntyre children tell a cousin that they did not need to do schoolwork because they were going to be raptured."

According to the Texas Education Agency and the Texas Home School Coalition Association, parents who home school their children must teach reading, spelling, grammar, mathematics and good citizenship. Curriculum for these subjects must be obtained from books, workbooks or other written or electronic materials. A school district does not need to approve the curriculum, the law states.

Mendoza became involved when the children's grandparents — Gene and Shirene McIntyre — met with him in November 2006 because they did not feel their grandchildren were not being educated, the ruling said. Additional questions were raised after Mendoza confirmed that Tori, the eldest of the McIntyre children, ran away from home at 17, "so she could attend school," the ruling said.

Mendoza said that Tori was unable to provide any information regarding the level of her education or the curriculum of her home school education, the ruling said.

In December of 2006, Mendoza and other officials from the school district visited the home of the McIntyre's who refused to "sign the form or provide any other information regarding their home school curriculum," according to the ruling.

A letter from the Home School Legal Defense Association claimed that the McIntyre's were "in full compliance," but the letter did not reflect that the attorney was licensed in Texas, or did it indicate the lawyer had personal knowledge of the educational studies occurring at the McIntyre home.

Additional truancy warnings, requests for conferences and notices were then provided to the McIntyre home, but they did not cooperate, the ruling said.

In July 2007, Laura and Michael McIntyre filed a lawsuit against EPISD, former superintendent Lorenzo García, and Mendoza. The McIntyre's sought "injunctive relief and damages" based on alleged violations of the Texas Education Code, the Texas Religious Freedom Restoration Act, the Texas Constitution, and the United States Constitution. The cases against García and Mendoza were dropped.

Officials from the home school defense association did not return calls or emails for comment late Wednesday for comment.

Terri Melendez Barnes, founder of the El Paso Liberty Home school Network consisting of 500 families, said given this specific case she understands where the district officials are coming from and the need to verify a curriculum.

"But I think it can scare some people to think that someone from the school district can just knock on my door and ask for proof that my kids are learning," Barnes said. "But it's all over my house."

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